- 1 - HC-KAR NC: 2025:KHC:19567 WP No. 22363 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22363 OF 2024 (EDN-RES) BETWEEN: THE NITHYANADA EDUCATION SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 REPRESENTED BY ITS SECRETARY, SMT. SOMAPRABHA, AGED ABOUT 65 YEARS, W/O GANGAIAH, NO.16, PRASHANTHAGARA, T.DASARAHALLI, BANGALORE - 560057. …PETITIONER (BY SRI. MURTHY K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA SCHOOL EDUCATION AND LITERACY DEPARTMENT M.S.BUILDING BANGALORE - 560001 REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER SCHOOL EDUCATION AND LITERACY DEPARTMENT Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19567 WP No. 22363 of 2024 NRUPATUNGA ROAD, BANGALORE - 560001. 3. THE DEPUTY DIRECTOR BANGALORE NORTH, SCHOOL EDUCATION AND LITERACY DEPARTMENT, KEMPEGWODA ROAD, BANGALORE - 560009. 4. THE BLOCK EDUCATION OFFICER SCHOOL EDUCATION AND LITERACY DEPARTMENT, BANGALORE NORTH ZONE-4 YELAHANKA NEAR BUS STOP, BANGALORE - 560064. 5. SRI. R. PUTTAREVEGOWDA S/O LATE REVEGOWDA, AGED ABOUT 62 YEARS 6. SRI. DAYANANDA H P AGED ABOUT 36 YEARS, S/O R.PUTTAREVEGOWDA, RESPONDENTS NO. 5 & 6 ARE R/AT PIPELINE ROAD, MAHADEVESHWARA BADAVANE, KANAKAPURA ROAD, RAMANAGARA DISTRICT - 562 159. 7. SMT. SOWMYA D/O PUTTAREVEGOWDA, W/O MANU K, AGED ABOUT 32 YEARS, R/AT MADILUNILAYA BHAGAVATHI LAYOUT, 4TH CROSS, ARALIMARADAPALYA ROAD, - 3 - HC-KAR NC: 2025:KHC:19567 WP No. 22363 of 2024 SIRA GATE, TUMKUR - 572 106. …RESPONDENTS (BY SMT.B. SUKANYA BALIGA., AGA FOR R1 TO R4; SMT. SUMANA HEGDE, ADVOCATE FOR R5, R6 & R7) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO R4 TO RENEW THE RECOGNITION TO SRI GEETHA KANNADA HIGHER PRIMARY SCHOOL BY CONSIDERING ANNX-N2 DATED 10.07.2024 / REPRESENTATION FOR RENEWAL OF RECOGNITION OF SCHOOL RUN BY THE PETITIONERS SOCIETY FOR THE YEAR 2023-24 AND CONTINUE TO RENEW THE SAME. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, a registered Society, undisputedly has been running a school under the name and style 'Geetha Kannada Nursery and Primary School' in a property that is purchased under the Sale Deed dated 17.11.19801. The petitioner has filed this petition for directions to the authorities [the 1 This property is referred to as ‘the School Property’. - 4 - HC-KAR NC: 2025:KHC:19567 WP No. 22363 of 2024 first to fourth respondents] to consider the petitioner's representation dated 10.07.2024 [Annexure–N2] for renewal of recognition to its school for the academic year 2023-24 and continue to renew the same for further years. The petitioner has also sought for further declaration as void that the condition imposed while extending grant-in-aid to a couple of its teachers as per Annexure-E2. 2. The Authorities, during the pendency of this petition, have proposed to withdraw the grant-in-aid because there is no recognition for the petitioner’s school. This Court, on 27.08.2024, while referring the matter for Mediation, has directed the authorities to release the salary payable to the petitioner's employees, and it is now placed on record that there is due compliance with this interim direction. The petitioner has the advantage of grant- 2 This condition stipulates that the petitioner must ensure that it owns the school building/property with all the infrastructure lest grant-in-aid be withdrawn. - 5 - HC-KAR NC: 2025:KHC:19567 WP No. 22363 of 2024 in-aid for four posts, and it has about 80 students attending the school even today. 3. The question for consideration is whether the petitioner is entitled for renewal of recognition to its school, and this question is presented for consideration in view of the third respondent’s Endorsement dated 22.05.2024. The third respondent, referring to the earlier proceedings before this Court in W.P.No.12311/2023[EDN-RES] at the instance of the sixth and seventh respondents, has informed the petitioners that the request for renewal of recognition is rejected because it has filed an affidavit acknowledging that there is a dispute over title to the school property. 4. The question for consideration is examined in the light of these circumstances. The petitioner, when permitted after the purchase under the Sale Deed dated 17.11.1980, has occupied the property for its school. The petitioner is a Society of a - 6 - HC-KAR NC: 2025:KHC:19567 WP No. 22363 of 2024 family, and the property is purchased under the Sale Deed dated 17.11.1980 by Smt. T.V. Vijayalakshmi, D/o. Sri T. V. Veeregowda. The purchaser and her father were admittedly members of the Managing Committee managing the School. The petitioner contends that: [a] Sri T.V. Veeregowda purchased the school property when Smt. T.V. Vijayalakshmi was just about 18 years and did not have her own resources, [b] Sri T.V. Veeregowda and Smt. T.V. Vijayalakshmi have by consent permitted the petitioner to occupy the School Property and thus it has been in possession for over four decades to run the school, [c] after the demise of Smt. T.V. Vijayalakshmi, her children [the sixth and seventh respondents] have interfered with the petitioner's possession of the School Property constraining the petitioner to - 7 - HC-KAR NC: 2025:KHC:19567 WP No. 22363 of 2024 institute the suit in O.S.No.1112/2023 for permanent injunction, [d] the civil Court has granted interim injunction restraining the fifth to seventh respondents from interfering with the petitioner's possession of the subject property, and this suit3 is pending consideration. 5. The sixth and seventh respondents have filed writ petition in WP No.12311/2023, without arraying the petitioner for directions to the authorities to consider its different representations, as against renewal of recognition to the petitioner's school. This Court has disposed of this writ petition on 07.08.2023 in the light of the submissions made on behalf of the authorities that if reasonable time is granted, the respondents' representation would be 3 It is also undisputed that the fifth to seventh respondents have not filed any suit to recover possession of the property or for vindication of their title. - 8 - HC-KAR NC: 2025:KHC:19567 WP No. 22363 of 2024 considered. It is after this order the third respondent has issued this endorsement dated 22.05.2024. 6. It is argued strenuously on behalf of the authorities and the private respondents that the condition for renewal of recognition is that the concerned Society/ Trust, which runs a School, must have title to the property or in the least a registered lease for a minimum of 30 years. However, it remains undisputed that this stipulation is introduced in the year 2018. Whether this stipulation introduced in the year 2018 must be insisted upon even when there is no shift in the location, must be considered under the relevant Rules, but for the present purposes, the controversy must be examined in the light of the undisputed facts which are peculiar. 7. The petitioner has been running the School for four decades and it has received grant-in- aid for certain posts in the year 2002. Some amongst - 9 - HC-KAR NC: 2025:KHC:19567 WP No. 22363 of 2024 the family members, who make the Managing Committee of the Trust, have raised a claim to the property only in the year 2023 resulting in the suit in O.S.No.1112/2023. This Court must conclude that the petitioner, for renewal of recognition, in the peculiarities, has made out a right to be in the property until just orders are made in a properly instituted proceedings by the competent Court. As such, the authorities cannot refuse renewal of recognition putting into peril the academic career of those students who have been admitted to this School. 8. Consequentially, this Court must opine that the authorities cannot refuse renewal of recognition. The authorities, with the rejection of the petitioner's application for renewal of recognition, have also withheld salaries as against the posts admitted to grant-in-aid, but after this Court's interim order as aforesaid, the petitioner's staff are - 10 - HC-KAR NC: 2025:KHC:19567 WP No. 22363 of 2024 receiving the salary. As such, the petition must be disposed of directing the authorities [the first to fourth respondents] to ensure compliance otherwise with all the requirements and grant of renewal of the recognition. It is needless to observe that all questions of title between the petitioner and the rival claimants [the private respondents] will have to be examined in a properly instituted proceeding. In the light of the afore, the following: ORDER [A] The petition is allowed directing the authorities to consider the petitioner's request for renewal of recognition for the current academic year after due inspection and verification before 30.06.2025. [B] The petitioner is reserved with liberty to file a certified copy of this order with the third respondent at the earliest. - 11 - HC-KAR NC: 2025:KHC:19567 WP No. 22363 of 2024 [C] The authorities are directed to consider the petitioner's application for renewal of recognition without reference to the 'title dispute' and also to continue the grant-in-aid without reference to such dispute. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr